Careless driving offences

Careless driving is also known as driving without due care and attention. The offence is committed when your driving falls below the minimum standard required. It includes driving without reasonable consideration for other road users.

Drink driving

In England and Wales, you’re over the legal limit if you’re caught with more than:

• 35μg of alcohol in 100ml of your breath,
• 80mg of alcohol in 100ml of your blood or
• 107mg of alcohol in 100ml of your urine.

And there may be further charges if you refuse to give a sample for analysis.

If an adult is convicted of driving under the influence of excess alcohol, the magistrates’ court must impose:

• Adischarge,
• An unlimited fine,
• A community order or a prison sentence of up to six months, and
• A driving disqualification of at least 12 months, unless special reasons are present.

Driving without insurance

If you’re operating a motor vehicle then you, the driver, have to have minimum third-party driving insurance, regardless of whether the vehicle itself is insured.

Driving without insurance is what’s called a ‘strict liability offence’. This means, if you’re driving without a valid insurance policy, you’re guilty whether or not you meant to do it.

Drug driving

It’s illegal to drive if you’re unfit to do so because you’ve taken legal or illegal drugs. Legal drugs are prescription drugs or over-the-counter medicines that could impair your driving.

Exceptional hardship defence

An exceptional hardship defence is a legal defence you can submit to the court to avoid or reduce a ‘totting up’ driving ban.

A totting up driving ban is where the offence you’ve committed will mean you have accrued too many penalty points on your licence — and you could be disqualified.

An exceptional hardship defence might be given if a driving ban would cause you extreme and unreasonable inconvenience or suffering.

Section 172 offences

Under Section 172 of the Road Traffic Act, it’s a legal requirement for a registered vehicle keeper to provide details to the police in cases where the vehicle has been involved an alleged traffic offence.

For example, this might be giving the details of the driver who was driving at the time of the incident.

Failure to do so could result in a charge.

Special reasons arguments

A special reasons argument might be used if you committed a driving offence due to mitigating or extenuating circumstances.

If special reasons can be argued, it could prevent you from being banned from driving, reduce the term of a ban or prevent penalty points being added to your driving licence.

Speeding offences

If you’re charged with speeding, you’ll most commonly get a Fixed Penalty Notice (FPN) or be ordered to go to court.

You can plead guilty to a FPN and accept the charges or plead not guilty, in which case you’ll have to go to court.

If the court finds you guilty of speeding, you could get an even bigger fine and more penalty points, so it’s important to seek legal advice before you make your plea.

Road Traffic Case Costs

Price and Service Information: Motoring Offences

There are many driving offences which can vary from minor offences to major offences and so can the punishments. We can help with drink/drug driving, mobile phone offences, speeding, dangerous driving and driving without insurance to name a few.  These laws are in place to protect you, however if you have fallen victim too such an offence then we are here to help you get out of it.  At Harewood Law, we are trained to handle every issue promptly and professionally, to help put your mind at ease. Below is a guide of our pricing clearly all cases are individual so prices may vary.

Motoring offence, summary only1, Guilty Plea

Our Fees

Fixed Fee: £800 plus Vat at 20%

What is included?

• Attendance and/or preparation;

• Considering evidence;

• Taking your instructions;

• Providing advice on likely sentence;

• Attendance and representation at a single hearing at the Magistrates Court.

What is not included?

• Instruction of any expert witnesses;

• Taking statements from any witnesses;

• Advice and assistance in relation to a Special Reasons2 or exceptional hardship hearing3;

• Advice or assistance in relation to any appeal.

• No expenses or disbursements are included

• Courts outside Leeds will Incur additional costs.

Key stages involved

The key stages of your matter are based on the presumption that you have entered a guilty plea and have a date for your hearing. They typically include (conferences can be by way of telephone or Video):

• Meet with you to obtain instructions on what happened;

• Consider initial disclosure, and any other evidence and provide advice;

• Arranging to take any witness statements. This would be charged on an hourly rates basis at the charging rates set out in the table below;

• Explain the court procedure to you so you know what to expect on the day of your hearing, and the sentencing options available to the Court;

• Conduct any further preparatory work, obtain further instructions from you, if necessary, and answer any follow up queries you have;

• Attend court on the day, meet with you before going before the court. We anticipate being at court for half a day.

• Discuss the outcome with you. If advice is required on appeal, this will carry an additional cost.

Not Guilty Pleas and Trial and other hearings

• Full Day Trial at the Magistrates Court £3000 plus vat (this includes all the preparatory work attendances upon and witnesses and attendance at Court). No Disbursements or Expenses are included. Courts outside Leeds will incur additional costs.

• Half Day Trial at the Magistrates Court £2000 plus vat (this includes all the preparatory work attendances upon and witnesses and attendance at Court). No Disbursements or Expenses are included. Courts outside Leeds will incur additional costs.

• Special Reasons or exceptional Hardship hearing £2000 plus vat (this includes all the preparatory work attendances upon and witnesses and attendance at Court). No Disbursements or Expenses are included. Courts outside Leeds will incur additional costs.

Please note we cannot provide a timescale of when your hearing will take place, as this depends on the court listing for that day.

Notes

1.     A summary only offence is an offence which can only be tried in the magistrates' court. There are exceptions. Under the Criminal Justice Act 1988 (CJA 1988) offences specified in the Act can be tried on indictment by a jury if they are linked to an offence triable only in the Crown Court. The principal summary only offences are:

• driving whilst disqualified

• careless and inconsiderate driving

• failing to give information as to the identity of the driver

• failing to stop or report, and

• speeding. 

2.     Special Reasons pertain exclusively to situations where the accused has been found or has pled guilty and now faces disqualification unless he/she can persuade the Court that the circumstances of the offence are such that it would be unjust to impose a ban.

3.     An exceptional hardship hearing is where the accused has been found or has pled guilty and now faces disqualification unless they can persuade the Court that a disqualification would cause them or others exceptional hardship